Jowett and Ewings (Child support)
Case
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[2018] AATA 4514
•1 November 2018
Details
AGLC
Case
Decision Date
Jowett and Ewings (Child support) [2018] AATA 4514
[2018] AATA 4514
1 November 2018
CaseChat Overview and Summary
This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding a decision made by the Child Support Registrar. The applicants, Jowett and Ewings, sought to challenge the Registrar's determination concerning the percentage of care for their child.
The primary legal issue before the Tribunal was whether the Registrar had erred in revoking an existing percentage of care assessment. Specifically, the Tribunal had to consider whether there had been a change in the likely pattern of care for the child that would justify such a revocation under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.
The Tribunal found that the evidence did not support a conclusion that there had been a change to the likely pattern of care. Applying the principles of the Act, the Tribunal determined that the existing percentage of care assessment should not have been revoked. Consequently, the Tribunal set aside the decision under review and substituted it with its own decision.
The primary legal issue before the Tribunal was whether the Registrar had erred in revoking an existing percentage of care assessment. Specifically, the Tribunal had to consider whether there had been a change in the likely pattern of care for the child that would justify such a revocation under the relevant provisions of the *Child Support (Registration and Collection) Act 1988*.
The Tribunal found that the evidence did not support a conclusion that there had been a change to the likely pattern of care. Applying the principles of the Act, the Tribunal determined that the existing percentage of care assessment should not have been revoked. Consequently, the Tribunal set aside the decision under review and substituted it with its own decision.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Statutory Construction
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Remedies
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